Happily Divorced And After

LOS ANGELES, CA— Almost 7,000 homeless people living in encampments near freeways, as well as homeless seniors over 65 and others vulnerable to COVID-19, will be brought indoors over the span of 18 months under a joint legal agreement signed by the County and City of Los Angeles and approved today by Judge David O. Carter.

Under the agreement, the City committed to provide 6,000 new beds within 10 months, plus an additional 700 beds over 18 months. The County, meanwhile, committed to investing $300 million over five years to fund essential services for the people occupying those beds.

Supervisor Mark Ridley-Thomas and Council President Nury Martinez were tapped by Judge Carter to help negotiate the joint agreement between the County and the City.

“With the COVID-19 pandemic further exacerbating Los Angeles’ homeless crisis, it is imperative that we marshal our County and City resources to bring our most vulnerable neighbors indoors as expeditiously as possible,” Supervisor Ridley-Thomas said. “This is a new milestone in our partnership to ensure that everyone in Los Angeles has a life of dignity and worth.”

“This agreement will lead to major action, not rhetoric,” said City Council President Martinez. “The Court has challenged us to do better, to do more and to do it quickly, and we need to meet that challenge. We are now positioned to dive into difficult but honest conversations with our County partners about future financial resources and obligations. The Los Angeles City Council, and its leadership, will continue to do its duty to lead, collaborate and negotiate on behalf of the City with our County partners toward our common goal to house more homeless Angelenos faster.” 

On May 15^th, Judge Carter ordered both the County and City to “humanely” relocate anyone camped within 500 feet of an overpass, underpass, or ramp and into a shelter or “an alternative housing option.” Today’s agreement encompasses not only those people but also the most vulnerable segment of the homeless population – those who are 65 years or older, or who have chronic underlying health conditions that put them at high risk of being hospitalized or dying if they contract COVID-19.

In approving the agreement between the County and the City, Judge Carter dropped his injunction.

The agreement builds on the existing partnership between the County and the City, which together housed a record number of 22,000 homeless people last year, based on the Greater Los Angeles Homeless Count released last week.

The County and City have been housing more people every year since the passage of the County’s Measure H in 2017 and the City’s Proposition HHH in 2016, but they have also had to contend with the significant inflow of people becoming homeless for the first time due to economic pressures.

The agreement will also go hand-in-hand with the post-pandemic housing plan being developed by the County under motions by Supervisors Ridley-Thomas, Janice Hahn and Sheila Kuehl, as well as the Comprehensive Crisis Response to homelessness endorsed by Governor Gavin Newsom’s Council of Regional Homeless Advisors, co-chaired by Supervisor Ridley-Thomas and Sacramento Mayor Darrell Steinberg.

In times like these we need more human-kindness and love. I want to highlight Pastor Derek Smith and his congregation at Loveland Church for hosting a successful diaper drive. Because of their community efforts, the church collected more than 10,000 diapers.

The diapers have been donated to Children & Families Commission – First 5 San Bernardino and will be distributed to families throughout San Bernardino County.

First 5 San Bernardino (F5SB) is a funder of more than $20 million per year to non-profit, government, and educational contract agencies throughout the County of San Bernardino.

‘The Lord placed a diaper drive on my heart and I had to be obedient”, states Pastor Derek.

Thank you to Pastor Derek and to all that are doing their part to make the world a better place. Until next time folks! Stay Safe out there. L’ssss!

Special to California Black Media Partners From The San Francisco Sun Reporter

For Black Lives Matter co-founder Alicia Garza, the widespread global protests and activism that followed the murder of George Floyd, an unarmed Black man, by Minnesota police have been heartening — and they make her feel hopeful for the future.  At the same time, she said, “It’s bittersweet that it takes someone being murdered on camera to get to the point of conversation that we’re in.” 

“I was horrified,” Garza said of viewing the video of Floyd’s life being taken by a White police officer with his knee on Floyd’s neck.  “Every time a Black person is murdered by police there is something disturbing about it.”  She added, in this case, “Just the callousness of it; and him calling for his mother. There’s just so much in there that’s horrifying. It’s just a brutal reminder of how Black lives don’t matter in this country.” 

Garza, who lives in Oakland, is Strategy and Partnerships Director for the National Domestic Workers Alliance and Principal at the Black Futures Lab.   

Seeing Black Lives Matter (BLM) signs held by protestors in all 50 states, including in many small towns with few Black residents, Garza said, “It’s humbling to see it and to have been a small part of it.” She is heartened that people are awakening.     

“I got to take over Selena Gomez’ Instagram last week. It was awesome.” She said people are really hungry for information. “We’ve been doing a lot of work and talk about what’s going on.  When folks like Selena do that, it engages people in issues of our time. I plan to work with her through this election cycle”.

Garza said she will also be taking over Lady Gaga’s social media in the coming week.  “We’re really focused on transferring this energy into political power.” 

She said it’s important to change the people who are making the rules and those who aren’t enforcing the rules. She cited as an example the recent election in Georgia where voters in predominantly Black areas waited hours to vote. Movement for Black Lives is not just about police violence. It’s about how Black lives are devalued.  

Black Lives Matter is for an opportunity for us to recognize and uphold the right to humanity and dignity for Black people.  She said Black people also have to work “to remove the negatives we’ve internalized about ourselves.”  

“For people who are not Black, there’s also work to do.”  She said it’s not only about changing the rules, but also about a culture shift. “That’s what I think we’re seeing now.  It’s going to take all of us staying committed.” 

She said the millions joining protests following the murders of George Floyd, Ahmaud Auberry and Breonna Taylor were sparked by “a powder keg waiting to happen.”  “People are mad about a lot of stuff.  We’re all tender right now.  It’s an election year. We find ourselves in a global pandemic. The lack of human touch… and being able to gather.  Because of that we also have the expansion of an economic crisis.  Not only are people trying to stay healthy, they’re trying to pay their bills.” 

“What we can all agree on is that policing is not serving the people that they’re supposed to serve.  When we’re afraid of the police that’s not serving.  Whenever I see tanks, rubber bullets, and tear gas being used -we pay for that. Are we keeping people safe?  We’ve been defunding the Black community for a long time.”   

“Defund the Police” is a controversial slogan that has been held by some protestors.  Garza said that slogan comes from the Movement for Black Lives, a coalition that includes BLM.  “This work is something many organizations have been doing for many years,” she said.    

“It’s really about getting a handle on how we’re spending our money.” She cited the fact that education funds have been cut, the postal service is near bankrupt, and thousands of homeless are living on the streets.   

“We’re using police to deal with homeless. You don’t send a nurse to deal with a drug cartel.”  “We did the largest survey of Black America in 2018 – The Black Census Project.  The overwhelming majority said in the past six months they’d had a negative experience with the police.”   

She said what she supports is “limiting the size, scope and role police play in our communities. Police also need consequences when harm is enacted. Police unions are a huge, huge issue.  They block transparency for officers.”   Speaking of another campaign that’s getting national attention Project Zero’s “8 That Can’t Wait,” Garza cautioned, “We have to be wary of things that are a quick fix.”    

She said “8 That Can’t Wait,” s campaign that pushes proposals for police reforms, “doesn’t deal with the real issue here: nobody should be above the law.” 

“Public safety is not about bloated police budgets. It’s about expanding the safety net for Black people,” she concluded. 

By Tanu Henry | California Black Media  

Last week, Norman Pearlstine, the editor of the LA Times, sent a memo to staffers announcing that the publication will begin capitalizing “B” in the word Black in its articles when referring to a race of people.   

That move puts the publication with the largest circulation in California in line with the way the majority of the Black Press in California and around the country have referred to African Americans for decades since they retired “Negro,” beginning in the 1960s to the early 1970s.  Pearlstine also announced that the LA Times is taking steps to add more diversity to its newsroom by increasing the number of Black and Latino journalists on its staff.   

“Within the next two weeks we shall form a group to work on overhauling our hiring process,” Pearlstine wrote to employees. “The global pandemic and the global financial crisis constrain our ability to make a hiring commitment by a specific date. We can commit, however, that the next hires in Metro will be Black reporters, as we begin to address the underrepresentation.”  

In the wake of the brutal murder of George Floyd in Minneapolis and the violent protests that followed it, across America, more and more people have begun to point out, own up to, and apologize for abetting racism and anti-Blackness in all of their forms — explicit, subtle and systemic. Americans from all backgrounds have begun to publicly acknowledge how discrimination, over the years, have hurt and held back African Americans for centuries.   

Last week, other media organizations across the country, including BuzzFeed News, NBC News, MSNBC, Metro Detroit, and others, announced that they have made the decision to begin capitalizing the “B” in Black as well.  

The National Association of Black Journalists (NABJ), the country’s largest professional organization of Black media professionals and journalism students,  released a statement that said the organization has been writing Black with a capital “B” in all of its communications for about a year now.   

The NABJ is also recommending that “White” and “Brown” be capitalized, too, when referring to race.   “It is equally important that the word is capitalized in news coverage and reporting about Black people, Black communities, Black culture, Black institutions, etc,” the NABJ statement said.    

Sarah Glover, past president of the NABJ, wrote a letter to the Associated Press (AP).   “I’m writing today to request the mainstream news media begin capitalizing the “B” in Black when describing people and the community,” wrote Glover.   

“I’m also asking the AP to update its Stylebook to reflect this change, effective immediately,” Glover continued.  

“This book is the bible for working journalists and sets journalistic industry standards. The AP has tremendous impact as a wire service with more than 1,000 subscribers worldwide.”   

Larry Lee, the publisher and CEO of the Sacramento Observer, the oldest Black-owned news publication in California’s capital city said whenever he sees a lowercase “B” in Black, it feels like a “slap in the face.”   

I always felt that they were devaluing our community,” said Lee, who is a second-generation publisher of the Observer. He took the helm of the family-owned business from his father William Lee, who founded the newspaper in 1962 and passed last year.   

“This is wonderful. Its progress,” Lee continued. “I applaud other media outlets that are doing that. We thought it was important, in a journalistic sense, to recognize Black Americans and African Americans in the same vein that you stylistically recognize Hispanics and any other ethnicity.”  

Lee, who’s is 47, says for as long as he can remember, the Observer and other Black-owned newspapers across the country have capitalized the “B” in Black also to affirm the humanity of African Americans, evoke a sense of cultural pride,  and to align themselves with the 1970’s “I’m Black and I’m Proud” movement popularized in pop culture by James Brown and others.   

Lee says, for a while now, Black publishers have called on general market newspapers to adapt that policy, too.   Paulette Brown-Hinds, Publisher of the Black Voice News in Riverside, is also a second-generation executive of an African American, family-owned newspaper in California.   

“As a newspaper, we have capitalized the word Black for decades,” said Brown-Hinds, who took over the day-to-day operation of the paper in 2012 from her parents, Hardy and Cheryl Brown.   

“We have always shared a Pan-Africanist worldview, regarding Black as being more encompassing of people of the African Diaspora,” she continued. “I guess our counterparts, in what people call the mainstream media, are finally catching-up with something we’ve been doing all along.”  

In her letter, Glover said organizations moving to change their policy on capitalizing Black is a “good first step.”  

“This matters. It’s to bring humanity to a group of people who have experienced forms of oppression and discrimination since they first came to the United States 401 years ago as enslaved people. I ask for this change in honor of the Black Press,” she wrote.   

The New York Times, which adheres to its own style guide that is different from AP’s, also still uses Black with a lowercase B.

With 2020 unfolding as a year of reckoning for institutional racism, the Juneteenth holiday rises to new significance. President Donald Trump has rescheduled for this weekend a campaign rally originally set for June 19 in Tulsa, where a century ago, hundreds of Black Americans were killed and thousands were injured in a massacre that wiped out Black Wall Street. The president plans to accept the Republican nomination in Jacksonville on Aug. 27, which is the 60th anniversary of an attack on Black protesters in that city known as “Ax Handle Saturday.” USC experts discuss the significance of Juneteenth, a holiday on June 19 meant to celebrate the end of slavery in America.

The work that must be done

“What is the meaning of freedom? What are the contours of freedom and how is it an illusion? As a historian of anti-colonialism, Islam, and the Black freedom struggle, my research examines a number of mechanisms that Black people across the African diaspora have successfully used to challenge white supremacy including religion, protest, and legal and legislative mechanisms.

“In recent weeks, protesters have taken to the streets to demand justice for the victims of police violence and to insist on institutional change. On Friday, African Americans will celebrate Juneteenth, the commemoration of the official end of chattel slavery 2 ½ years after Lincoln’s Emancipation Proclamation. Ongoing protests make this Juneteenth significant and this year presents an opportunity to reflect on the notion of freedom and the work that must be done to sustain it.”

Alaina Morgan is assistant professor of history at the USC Dornsife College of Letters, Arts and Sciences. Trained as a historian of the African Diaspora, Morgan’s research focuses on the historic utility of religion, in particular Islam, in racial liberation and anti-colonial movements of the mid- to late-20th century Atlantic world.

Contact: alainamo@usc.edu

Why was the rally originally set for Juneteenth?

“President Trump has chosen Tulsa, site of a terrible racial cleansing of African Americans from the early 20th century’s Black Wall Street to carry his message of bigotry and xenophobia to his voter base — and had originally chosen Juneteenth, the date on which African Americans in Texas celebrated emancipation from slavery.

“If he did so knowingly, it demonstrates breathtaking cynicism; if unknowingly, breathtaking historical ignorance.”

Ariela Gross is a professor of law and history at the USC Gould School of Law. Her research focuses on race and slavery in the United States and she is the author, with Alejandro de la Fuente of Harvard University, of Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana.

Contact: agross@law.usc.edu

Struggle for freedom continues

“Juneteenth is an important remembrance and celebration of Black resistance and struggles for freedom and liberation. In the United States and elsewhere, Black people and others come together to commemorate the ancestors and social movements that upended slavery and who after its abolishment struggled against new forms and systems of racial violence, death, and injustice. It is a demonstration of Black joy; a celebration of Black family, community, and networks of kinship; and an altar to honor the people of past, present, and future whose sacrifices and resilience help mobilize and sustain us and raise our consciousness.

“What is ultimately important to recognize about Juneteenth is that it is not a celebration of the ‘freeing’ of Black people, but rather of Black people’s agency in rejecting and resisting dehumanization and terror. We were not freed. We have constantly struggled to free and liberate ourselves and others.”

Robeson Taj Frazier is an associate professor of communication at the USC Annenberg School for Communication and Journalism, and director of the Institute for Diversity and Empowerment at Annenberg (IDEA). He is a cultural historian who explores the arts, political and expressive cultures of the people of the African Diaspora in the United States and elsewhere.

Contact: rfrazier@usc.edu

The irony of Juneteenth as a celebration of freedom

“Juneteenth is set aside to celebrate freedom. The irony is that it marks a time more than two years after the end of the Civil War when Black people had not been given their full humanity and many did not yet know that legally, enslavement had ended. It also ushered in Jim Crow and continued segregation and dehumanization.

“The parallel with today is there has to not only be an announcement of change, but the action of change. This Juneteenth we should think about what was it intended to commemorate: What did freedom look like over the past 155 years? Freedom for whom? What is freedom? Have we achieved it?”

Sharoni Little is associate dean and chief diversity, equity, and inclusion officer at the USC Marshall School of Business. Her research and expertise centers on organizational leadership, strategic communication, and diversity, equity, and inclusion.

Racism affects “where we live, work, learn, and pray”

“Institutional and structural racism is something that lingers and lasts. Even if we were able to get rid of all prejudice, even if we were able to put something in the water tomorrow that had us all wake up and not feel any racial animosity towards anybody, we would still have neighborhoods that have crumbling schools.

“Institutional racism goes to what banks will loan what money to what customers, what neighborhoods they will make mortgage loans in. It goes to the fact that a lot of black neighborhoods are close to environmental toxins. That’s why black people have a higher asthma rate; a factor when it comes to coronavirus and making it more lethal. The legacy of racism is baked into our social and economic arrangements: where we live, work, learn, and pray, the quality of the air we breathe, the food we eat, the health care we get — it permeates every nook and cranny of our collective social existence.”

Jody Armour studies the intersection of race and legal decision making as well as torts and tort reform movements as the Roy P. Crocker Professor of Law at USC Gould School of Law.

Contact: armour@law.usc.edu

The Faith community will not be silent! On Friday, June 19 from 4 p.m. to 7 p.m. on the Corner of Baseline Street and Waterman Avenue (across from Walgreens), the Decently & In-Order Ministry will be holding a ‘Peaceful March for Justice’.

Juneteenth, also known as Freedom Day, Jubilee Day, and Cel-Liberation Day, is an American holiday celebrated in remembrance of the Emancipation Proclamation on June 19, 1865.

For more information on the march, please contact Evangelist Jerry Musgrove at JerryMusgrove@aol.com or Dr. Reginald Woods at lcmchurch@msn.com.

The Black Small Business Association of California (BSBA) sent a letter to Gov. Gavin Newsom June 12. In it, the group criticized the state’s proposed allocation of $20 million in the 2020-21 budget to enforce AB 5.  

When the controversial labor law took effect in January, AB 5 reclassified millions of workers in California from independent contractors to W-2 employees.  

The letter, signed by the organization’s president Salena Pryor, argues that the state’s costly plan to enforce AB 5 would only exacerbate income inequality. 

“BSBA believes that at this time, when California is facing a massive $54 billion deficit and the state’s unemployment rate is 24 percent, it would be fiscally imprudent to spend $20 million on enforcement of a policy that has been detrimental to the livelihoods of Black small business owners,” the letter reads. 

The fight to amend or, for some, to overturn AB 5 has continued amid the COVID-19 pandemic and, now, the George Floyd protests. In the wake of worldwide efforts to call out systemic racism, Black business organizations are speaking out against the restrictions that AB 5 has placed on African American entrepreneurs in California. 

Many California Democrats, including the bill’s author Assemblymember Lorena Gonzalez (D-San Diego), say they are open to making adjustments in the law as long as its core purpose, fighting against gig worker misclassification, is kept. Republican opponents, on the other hand, have called for suspending AB 5 altogether so independent contractors can work freely during the COVID-19 pandemic.  

Gov. Newsom has not discussed whether or not he is in favor of making updates to AB 5 since he declared his support for it at a press conference in April. 

The California Black Chamber of Commerce (CBCC) and the Los Angeles Urban League both released statements June 9 criticizing the law. They point out that a disproportionate number of Black independent contractors and businesses have been negatively impacted by AB 5. 

The statement signed by Michael Lawson, President of the Los Angeles Urban League, read, “AB 5, the legislation introduced by Assemblywoman Lorena Gonzalez focuses solely on the employee side of the equation and ignored the impact that this legislation has on Black-owned businesses that have suffered through a history of redlining that allowed banks and other financial institutions to legally discriminate against Black-owned businesses, preventing them from gaining access to capital and credit.” 

Though there has been no official study of the impacts of AB 5 on Black owned business, the Center for Responsible Lending found that 95% of businesses owned by African Americans and other people of color were unlikely to receive aid from the Paycheck Protection Program  because of a lack of commercial banking relationships. That effort was a part of the federal government’s emergency response to the Coronavirus crisis.  

Both organizations’ statements also criticized a recent tweet by Gonzalez defending AB 5. Gonzales wrote, “Can you imagine if folks were arrested for wage theft? Or if police just shot them like they were looters?” 

“How dare you use the shooting of civilians by police as a political weapon to defend your misguided and disastrous law that has robbed thousands of Californians of their right to earn a living with dignity, respect, and independence,” the CBCC press release fired back. It was signed by Edwin Lombard, who is listed on the letterhead as president and CEO.  

The CBCC is currently in a legal dispute over leadership with two factions vying in court to take the helm of the organization.  

On June 11, the California State Assembly voted unanimously to amend AB 5 based on months of negotiations between Gonzalez and different advocacy groups. The bill’s two amendments loosen restrictions for independent contractors in multiple industries, including writers, photographers, musicians, translators and interpreters. 

During the June 11 floor hearing, Assemblymember Kevin Kiley (R-Rocklin) spoke in favor of the amending the bill by reading from the CBCC’s letter, stating plainly the effects of AB 5 on Black businesses. 

Kiley, a staunch opponent of AB 5, has said he would like to see the law overturned.  

“AB5 has already crushed thousands of Black businesses and will keep more form operating in the gig economy,” Kiley read, restating the position of Black business owners. “Nearly a million Californians would lose jobs, opportunities, and independence if the future of AB5 were up to you. 

“We are not asking for your help or misguided protection. Just open the door and let us help ourselves,” the CBCC letter read. 

The San Bernardino City Unified School District’s (SBCUSD) high schools are holding drive-thru graduation ceremonies for the Class of 2020.

District graduates have had their traditional commencement ceremonies postponed due to social distancing restrictions implemented as a response to COVID-19. SBCUSD is committed to holding traditional graduation ceremonies as soon as possible. In the meantime, SBCUSD high schools are holding drive-thru graduations. During the ceremonies, graduates and their families and friends arrive in a single vehicle. Party buses and limos are not permitted. Only the graduate exits, has their name read, and walks across the stage. Spectators must remain within their vehicles at all times, and graduates and staff must wear masks.

These drive-thru graduations are not open to the public. The ceremonies are held in multiple shifts during the designated time period. Members of the media who wish to attend should contact the SBCUSD Communications/Community Relations Department.

San Bernardino High School

June 6, 10 a.m. to 1 p.m.

San Andreas High School

June 9, 9 a.m. to 4 p.m.

Cajon High School

June 11, 9 a.m. to 6 p.m.

Pacific High School

June 11, 9 a.m. to 1:30 p.m.

Indian Springs High School

June 12, 9 a.m. to 2 p.m.

Middle College High School

June 13, 10 a.m. to 2 p.m.

Arroyo Valley High School

June 16, 8 a.m. to 5 p.m.

Sierra High School

June 18, 10 a.m. to 4 p.m.

San Gorgonio High School

June 18, 8 a.m. to 4:30 p.m.

SACRAMENTO – Last week, Senator Steven Bradford (D-Gardena) and other California elected representatives gathered at the West Steps of the state’s capitol to pay tribute to the late George Floyd. 

“We knelt in silence, honor and respect for George Floyd’s life. But we also placed a collective knee on police brutality and racism in this country,” said Senator Steven Bradford. “Over the last fifteen days we have witnessed one of the most amazingly diverse peaceful protests across the world. We are sick and tired of being sick and tired of the cycle of the wash, rinse and repeat approach to racism and police brutality. Now is the time to stand up.”

Officials honored George Floyd by kneeling in front of California’s capitol building for eight minutes and forty-six seconds. Attendance at the solemn tribute included Senate pro Tem Atkins, Assembly Speaker Rendon, Lieutenant Governor Kounalakis, and representatives on behalf of the Los Angeles County Delegation, and Black, Latino, Jewish, API, LGBTQ, and Women’s Caucuses.

On May 25, 2020, Mr. Floyd was killed during an arrest where the officer knelt on his neck and back for eight minutes and forty-six seconds, ignoring cries that he could not breathe, while other officers did nothing. Four officers involved in the arrest have been charged with counts of second-degree murder and aiding and abetting second-degree murder.

Mr. Floyd’s death comes only six weeks after police in Louisville, Kentucky, fatally shot Breonna Taylor, a 26-year-old black woman, during a midnight “no-knock” raid on her home. It comes ten weeks after the killing of Ahmaud Arbery, a 25-year-old black man, who was chased down by a white father and son in a pickup truck as he jogged in his neighborhood in Glynn County, Georgia.

By Mark T. Harris | Special to California Black Media Partners 

Former comedian and entertainment mogul Byron Allen filed suit against Comcast in 2015 seeking $20 billion in damages. Allen alleged that Comcast refused to offer many of his television programs as part of its cable television offerings because he is African American. 

Earlier this year, Allen’s legal challenge reached the United States Supreme Court to determine whether Allen could proceed with his civil action under Section 1981 of the Civil Rights Act of 1866. 

Immediately following the Civil War and the ratification of the 13th Amendment to the United States Constitution, Congress enacted the Civil Rights Act of 1866, which provided a wide-ranging ban on race discrimination. Section 1981 of the Civil Rights Act of 1866 is one of the statute’s most critical provisions, ensuring that “[a]ll persons within the jurisdiction of the United States shall have the same right … to make and enforce contracts … as is enjoyed by white citizens.” 

The goal of this section was to free the contracting process from the burdens of discrimination and ensure that newly freed slaves were guaranteed the same opportunity to contract as Whites. Passage of the Fourteenth Amendment to the U.S. Constitution, and its “equal protection” clause, soon followed in June of 1866. 

In response to Allen’s lawsuit, Comcast took the position that Allen must prove that his race was the “but for” basis for Comcast refusing to add his Black-owned television stations. In other words, if there were ANY other credible reason for rejecting Allen’s proposal to carry his television stations on Comcast, Allen would lose. 

In a unanimous opinion, the U.S. Supreme Court sided with Comcast over Byron Allen. All of the justices ruled that to prevail, “(Allen) must initially plead and ultimately prove that, but for race, (he) would not have suffered the loss of a legally protected right.” 

Let’s take a breath here. What Allen placed before our conservative led U.S. Supreme Court, was the potential for raising the evidentiary standard that every subsequent litigant in the United States — that’s any of us filing a discrimination case — would need to prove. 

The Supreme Court met Allen’s challenge and rejected his legal arguments. The result is that the next person seeking to argue that racial discrimination was one element leading to their failure to be awarded a contract, would have their case dismissed from any court in he nation because discrimination was not the “but for” reason for their rejection. 

Many leaders in the Black community attempted to talk Allen out of taking his battle with Comcast all the way to the U.S. Supreme Court, but Allen stubbornly persisted with his lawsuit. 

After losing on the procedural interpretation of the application of the “but for” standard, Allen has “folded” and has reached a settlement with Comcast! Allen and Comcast have agreed that three of Allen’s television stations will be offered by Comcast. However, a victory for Allen is an “L” for the Black community. 

Thanks to Allen, from this day forward, any African American or ethnic minority, when attempting to enforce Section 1981 of the Civil Rights Act of 1866, will be required to prove that the “but for” reason for their denial of a contract was their ethnicity no matter how egregious the otherwise discriminatory conduct they suffered may have been. In other words, thanks to Allen’s case, in order to receive enforcement under the Civil Rights Act of 1866, the racial discrimination suffered by plaintiff must rise to the level of being virtually the only cause for the denial of a contract or contractual rights, as opposed to one of the causes for the denial. 

Many in the civil rights community, too, attempted to convince Allen not to pursue his litigation to the point of the U.S. Supreme Court fearing the very outcome that has now transpired . 

American jurisprudence operates under the principle of “stare decisis,” which is a Latin term meaning “respect for precedent.” What the Allen case represents is the creation of a new, almost insurmountable, barrier to bringing subsequent cases for litigants who have nowhere near the financial resources that Allen has at his disposal. 

Before we rejoice Allen’s victory over Comcast, we should be mindful of the loss for our community it represents.